Establishing Paternity in California

By
Lavinsky Law
|September 15, 2017

One certainty in life is children need their parents to not only raise;
but shelter and care for them. Most often, a father’s ability to
prove paternity (fatherhood) of a child born or legally residing in California
is easy if he and the mother are married or cohabitating. His name is
on their child’s birth certificate; or if they are unmarried, both
parents agree his name is on the birth certificate.

But if legal paternity is not agreeably established, it hinders or prevents
fathers from being legal custodians, or having visitation rights with
their kids. Without legal paternity, a father’s children also cannot
receive normal benefits other children are entitled to: such as healthcare
and disability coverage; and even survivors’ or life insurance death
benefits when their father dies.

So if either a father who wishes to claim the legal rights to his child
he feels is his own and was previously unknown – or denied –
to him, or a child is compelled to seek protections and rights outlined
above from their natural father, paternity must be sought.

ESTABLISHING PATERNITY

All California paternity issues are addressed in the
California State Family Code [C.F.C. 7610 & 7611]. Any biological father whose name does not appear on his child’s
birth certificate and wants to be his child’s legal parent has two
options. File a
Voluntary Declaration of Paternity for unmarried parents to amend an existing California birth certificate,
or assert their paternity status through a court order with the help of
an attorney.

Advances in technology-based identification methods over the past 20 years,
such as DNA testing, have made proving paternity almost foolproof. This
has greatly reduced many emotionally charged paternity hearings due to
the almost 100 percent accuracy of DNA testing.

BENEFITS OF ESTABLISHING PATERNITY

The benefits to a child for a father who asserts his paternal rights include:

The child can get parental support, shelter and guidance from both father
and mother

Health and life insurance coverage is available from both parents instead of one

Paternity offers children to have a more complete medical history

The father can sign documents on behalf of the child, and has other rights:
like legal standing surrounding custody, visitation, and other proceedings
that affect his child

The child becomes eligible for the father’s social security, veteran’s
benefits, and any military family allowances

And a child stands to gain from the simple fact of knowing his or her “dad”

PATERNITY MEANS A LIFETIME COMMITMENT

Once established, rescinding (withdrawing) your paternity status cannot
be done before 60 days after your child’s birth certificate has
been signed or amended. Nor can fathers rescind paternity within 60 days
of any trial having to do with your paternity, custody or any family court
matters having to do with your paternal child. And even if a family court
judge may consider canceling your Declaration of Paternity, you must have
an overwhelmingly compelling, and acceptable reason to do so. This is
why you must carefully consider your decision to acknowledge your paternity
in California very carefully. You must be fully and properly committed
to do this because if you change your mind later, undoing your paternity
declaration is a difficult – if not impossible – undertaking.

Even though establishing paternity for your children can be as simple as
signing a single form, the process is sometimes not necessarily so simple.
Fathers must submit to Family Court Services mediation if custody between
unmarried parents is an element to Declarations of paternity. Other issues
unique to your case may also need to be worked-out.

LET US HELP YOU TODAY

If you living in California and need help with a paternity case, we invite
you to contact Alexandra Lavinsky, Principle with
Lavinsky Family Law to arrange a complimentary consultation at (310) 929-6411, or click
the “Contact” icon on this website to send us a message. We’ll
respond quickly to learn how we can help you take responsibility for your children.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.